Six London councils have urged the Government to ensure Trans+ people are not excluded from public life following the commencement of new rules on single-sex spaces.
The letter was written to Women and Equalities Minister Bridget Phillipson on Wednesday last week – the day that the Equality Act 2010: Code of Practice for services, public functions and associations came into effect.
In the joint letter, council leaders from Hackney, Haringey, Lambeth, Lewisham, Southwark and Waltham Forest said that the Code of Practice poses a risk to Trans+ (including trans, non-binary and intersex people) communities.
‘It is simply unacceptable that the Code of Practice is harmful to the rights of trans people and will make their exclusion from public life more likely, not less. This will feel like an attack to the countless trans people in our communities who are simply trying to live their lives in safety and wish to be treated with respect’, it reads.
The leaders emphasise that if the ruling is misinterpreted by organisations, Trans+ members of the community could experience discrimination and issues accessing services.
They also highlight the exclusionary impacts of overly broad enforcement, while stating that the code creates a ‘dangerous lack of clarity’ for service providers, which puts staff ‘at risk of inadvertent discrimination where no third spaces are available to Trans+ people’.
Given that the six boroughs have some of the largest trans and non-binary communities in the country, the leaders have reinforced their commitment to equality for all residents and confirmed that they will be reviewing their internal practices to prevent possible exclusion of Trans+ people.
The letter calls for confirmation that the EHRC Code of Practice cannot be interpreted to exclude Trans+ people from services, but instead to establish inclusive services.
It also urgently requests the implementation of legislation that ensures the rights of Trans+ people are protected, as well as an equalities framework that safeguards their safety, dignity and humanity.
‘We stand in solidarity with trans people, an already marginalised community subject to increasing discrimination. This Government claims it is standing up for equality. That can never be the case while the rights of trans people are treated as an afterthought’, it says.
Response
A Government spokesperson said: ‘Everyone should follow the law. The Code gives service providers the clear, workable guidance they need and if organisations are still unclear, they should get specialist legal advice.
‘The Government is committed to upholding single-sex spaces while protecting the rights of trans people. There are clear laws in place to protect trans people from discrimination and harassment, which we continue to uphold.
‘We have strengthened protections for trans people against hate crime and just a month ago published our trans-inclusive conversion practices ban, as well as promoting LGBT+ rights internationally and improving LGBT+ healthcare.’
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